Referendum to be Recalled?: Maine Voters Frustrate Same-Sex Marriage Supporters

The campaign for same-sex couples to be recognized and married in the eyes of the law will continue in light of Issue 1's loss in Maine's election last Tuesday. While they managed to raise twice as much money as their opponents and convinced Gov. John Baldacci to be the first in the US to sign a same-sex marriage bill this past May, the electorate had other plans. Coming to the voters as a referendum, the people of Maine voted 53-47 against the legislation.

In frustration, same-sex marriage proponents have decided to take their issue back to the place where it seems to work best---the state courts. Yet even then, there is no guarantee that any progress can, or will, be made.

But is it really possible to bypass the majority in favor of a minority interest?

Thanks, in part, to the Framers, we live in a plesbiscitary democracy. Here, the majority influence rules. Rarely is there a time when their interests are bypassed. Unfortunately for supporters, same-sex marriage initiatives have been introduced and struck down in 31 states. Attempts to bypass the opposing same-sex marriage sentiment of the majority could be detrimental for many legislators who count on that same majority for their political careers. Subsequently, it can be assumed that, for the time being, the national sentiment is not to allow same-sex marriage.

Furthermore, no matter what way same-sex marriage proponents go about it, the majority are always going to oppose them. If they were to go to the courts, they could still be overturned by the people, like Californians did a year ago with similar legislation. If they went to Congress and tried to make a constitutional amendment, they would meet the people once again when the amendment was up for ratification, which has to be achieved with two-thirds of both houses of Congress and two-thirds of the states legislatures. Considering that about two-thirds of the states already oppose the amendment in their own constitutions, it will require a complete 180 across the country for the movement to really take hold in America.

That's quite a standard to meet; but it seems as if there is one last hope for this kind of legislation to pass---time. As Massachusetts Rep. Barney Frank stated, "If you look at the trend, it's true we've been losing, but the margins have gotten closer," thus claiming a new generation of voters may be the ones who will finally see this through at the ballot box because they aren't as adverse to the idea as their more conservative predecessors.

For the time being, it seems that Tocqueville's nameless, faceless silencer will prove a tough obstacle to the same-sex marriage proponent's campaign---at least for now.